NJSBA Family Law Section

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  • 1.  Name change post-judgment - decades after JOD

    Posted 09-04-2018 02:50 PM
    I've had someone change a surname a couple of years after a JOD was entered. I just had a call from someone who wants to do this on a 1988 divorce (30 years ago).

    Is there a limit on how far back a court will go in granting a name change post-judgment? I think there was a case on this, but don't recall if it had a time limit.

    This is Mercer County, if that matters.

    Thanks,


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    David Perry Davis, Esq.
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    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



  • 2.  RE: Name change post-judgment - decades after JOD

    Posted 09-04-2018 02:56 PM

    In Olevich v. Olevich, 258 N.J. Super. 344, 348 (Ch. Div. 1992), the trial court interpreted N.J.S.A. 2A:34-21 to mean that "a woman may apply to resume her maiden name at any time after the court grants a judgment of divorce" and granted a request made fourteen years after the divorce became final.

     

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    ANDREW M. SHAW, ESQ.

    Divorce & Family Attorney


    DeTommaso Law Group, LLC
    58 Mount Bethel Road | Suite 303

    Warren, New Jersey 07059

    [email protected]

    t: 908.595.0340 | f: 908.595.0343

     

    www.DeTommasoLawGroup.com

     

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  • 3.  RE: Name change post-judgment - decades after JOD

    Posted 09-10-2018 05:52 PM
    I have a similar situation - 10 years, 8 months after JOD so thank you for bringing up the topic. Judge Bottinelli recently cited Olevich in Leggio v. Leggio, 436 N.J.Super. 641 (Ch. Div 2014), agreeing that there is no time limit as long as the original judgment was for a final divorce. In Leggio, the parties had a divorce from bed and board and the motion for name change was denied.

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    Gina Calogero

    Oradell NJ
    (201)265-5575
    [email protected]
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